This is where our problem lies. People once they are greened completely forget the troubles and "never ever" look back. Many of us (either directly or as dependents) have been greened and have reached very high positions but never feel the need to help out. I am wondering whether it is because we have failed to ask their help?? Instead on focussing on senators and congressmen/women (which IV members are already doing) would it be worthwile to prepare a list of influential (political, business, scientists) immigrants (particularly chinese and Indians) and then getting their help/input to our cause??

First people who do not have greencard should support. Right now we do not even have 1% of those people part of IV

Nopes, in my case the officer was polite and just asked what my previous status was, to which I said "H1". I asked him if I will lose my H1 status when I enter on AP and he said yes, which was true as your new visa status becomes "Parolee". You can still work on H1 without using EAD, which is what I am doing now. Its ok and legal to use your AP to travel back. See this recent Murthy Bulletin http://murthy.com/mb_pdf/032108_P.html

There are so many things that come into picture such as ability to pay , proferred wage , qualifications of individual , requirements for the job.

Can any one predict when will 2008 PDS will become current for people from India whether Eb2 or EB3 . As far as I can predict it really does not matter if some one is looking at PD of 2008 and from India , one is there for a long time if congress does not act.

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prabirmehta

03-22 11:22 AM

Thanks! S1932 might have been the law he was talking about. I think his job was more to reassure people that they were working on the problem... he didn't seem to be aware of the specifics. He did mention that Senator Chambliss is going to support Senator Specter's proposal.

Hi Gurus, Been a IV member from a decent amount of time and appreciate all the hard work done by you guys. Only thin i could contribute was monthly $50. Anyways got a quick question.

I have a 485 filed under eb2 and have my EAD , FP done and AP. i140 is approved. I will be gettting married to my finance in few months and she is born with golden spoon and of course US citizenship. So the question i have is Can i amend my employment based 485 to the I-130 petition? This way i dont have to file a new 485 for marriage.

Yesterday after a long time I was reading the Labor cert section on immigrationportal.com. I havent felt the need to read that section since my LC was approved in October 2005. I was amazed at the number of EB3 cases being approved with PD's in 01 and 02 as well as EB2 cases in 02 and 03. No doubt dates arent moving. More and more ppl are choking the pipeline. We are screwed if numbers arent increased.

try POJO method to reach IO. You can find in "n" number of threads to reach IO based upon your service center. but it's based on your luck to get polite and cordial IO. Try multiple times and speak politely.

Posting this info. provided by some one in this forum long time back.

Call 1-800-375-5283 Press 1 to select English Press 2 to skip introduction Press 2 Press 6 to find case status information Press 1 Now enter your receipt number SRCxxxxxxxxxx Voice asks if SRC press 1 Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah) Part way through the blah blah press 3 Wait a moment and press 4 (now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps) You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.

Once you get an IO, be very polite, and take notes for your records. Ask them for their badge number. That way you can reference each conversation by date and the badge number of the IO.

Some of the standard questions: 1) Name check Status ? 2) Background Check Status ? 3) Has it been assigned to an officer ? 4) When can I expect to get some updates on my case ? 5) Can you help me with a ball park date on when my case will be assigned to an officer?

Ofcourse, we all are aware of the standard response we get.

This is very helpful.Thank you.

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PD_Dec2002

07-07 09:49 PM

I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?

1. My LC was sent back to me on Tues (after 4 years). 2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate. 3. I am currently a little less than that if I can take into account all bonuses etc. 4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money". 5. Else - other option is to challenge the DOLs definition of prevailing wage rate. 6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review. 7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.

What should I do???

I only know the answer for Q6. No, you cannot take bonus and other perks into account to calculate your total compensation or wage for DOL. The DOL wage has to be the annual salary that you will earn...as shown in your pay stubs.

Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?

Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.

Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.

Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?

Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.

New York Real Estate License FAQs from New York real estate school online. (http://new-york.realestateschoolonline.com/FAQ.aspx) so from this link and answer to question number 4, I take you can't even get a license to be a real estate agent in the state of NY, let alone someone sponsor your greencard. Sorry to be so brutal, but with a Master's degree I bet u can get a much better job than a real estate agent. Just my 2 cents.

Would it be of benefit, if USCIS sends us a notice when our petition is "Pre-adjudicated; awaiting visa number"? So, we can at least be in peace and go on with our life?

It is a bad idea. It will allow people to misuse it. Once they are pre-approved they may not care about staying in status. They will not change jobs in their area of work. You may find an engineer doing some other profession. How will something like this help USA. We should stop seeing everything from - How it will help me. See how it will help USA to make good suggestions USCIS will listen.

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eastindia

05-03 02:39 PM

Who asked for a combined AP and EAD?

What help will it offer really?

It would have been better to ask for a 5 year EAD. But some person would have posted asking for a combined document?

What will we really do with a 2 in 1 document????

s416504

02-25 11:06 AM

L1A valid for 7 years so you can continue working with A. Apply GC from B asap and switch to B as soon as labor(PERM) passes 365 days.

http://forums.immigration.com/attachment.php?attachmentid=14106

For PERM, first 4-6 month goes in preperation so actual Labor waiting start from the day you apply PERM so you should count this preperation time + 365 days. You might eligible for premium I140 so you don't have to go through this 365 days waiting to extend H1B.

Thanks again guys.

Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.

Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.

Current Status: Case received and file gathering dust waiting for visa number.

On MM DD, YYYY, we received this application and mailed you a document describing how we process it. But you do not need to bother. Our system is so screwed up that we did not know how many cases we had pending. We did not communicate with DOL and DOS properly; so we ended up causing the July Visa Bulletin fiasco, which actually screws up your case even more if you were not one of the lucky applicants to have actually obtained your GC. But your increased fees for EAD & AP renewals have afforded us new janitors, so we will try to keep your files dust free.